Jammu & Kashmir High Court
Arjun Kumar & Anr vs Ut Of J&K And Ors on 15 July, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 111
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) 1786/2025
CM 4050/2025
Arjun Kumar & Anr. .....Applicant(s)/Petitioner(s)
Through :- Mr. Sandeep Singh, Advocate
v/s
UT of J&K and Ors. .....Respondent(s)
Through :- Ms. Monika Kohli, Sr.AAG
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
15.07.2025
Petitioners claim that they, being major, have contracted marriage
according to Hindu rites, against the wishes of their relatives, out of their free
will and are living as husband and wife, but are apprehensive to be subjected to
physical violence and harassment by such relatives, therefore seeking protection
and security cover from official respondents.
Heard and perused the record annexed with the writ petition.
When two adults consensually choose each other as life partners, it
is manifestation of their choice that is recognized under Articles 19 and 21 of the
Constitution. Such right has sanction of constitutional law and once that is
recognized, said right needs to be protected and it cannot succumb to conception
of class honour or group thinking. Consent of family or community or clan is not
necessary once two adult individuals agree to enter into wedlock and their
consent has to be piously given primacy. The concept
2 WP(C) 1786/2025
CM 4050/2025
of liberty has to be weighed and tested on the touchstone of
constitutional sensitivity, protection and values it stands for.
Keeping in view the prayer made, the instant writ petition is disposed
of with a direction to official respondents to provide adequate security cover to
petitioners and act in accordance with the law laid down by the Supreme Court
in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini versus.
Union of India and others AIR 2018 SC 1601, subject to the condition that
official respondents will check and see as to whether parties have solemnized
marriage in accordance with prevalent laws, and if there is an FIR against any
of the petitioner(s), the police may go ahead with the investigation under rules.
Disposed of along with connected CM.
(MOKSHA KHAJURIA KAZMI)
JUDGE
JAMMU
15.07.2025
AKHILESH
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